80 FR 37157 - Approval and Promulgation of Air Quality Implementation Plans; North Dakota; Alternative Monitoring Plan for Milton R. Young Station

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 125 (June 30, 2015)

Page Range		37157-37160
FR Document		2015-15533

The Environmental Protection Agency (EPA) is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the State of North Dakota. On April 8, 2013, the Governor of North Dakota submitted to EPA an alternative monitoring plan for Milton R. Young Station (MRYS). The plan relates to continuous opacity monitoring for Unit 1 at MRYS. The intended effect of this action is to approve a state plan established to address minimum emission monitoring requirements. The EPA is taking this action under section 110 of the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 125 (Tuesday, June 30, 2015)

[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Rules and Regulations]
[Pages 37157-37160]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-15533]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2015-0026; FRL-9928-81-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
North Dakota; Alternative Monitoring Plan for Milton R. Young Station

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a State Implementation Plan (SIP) revision
submitted by the State of North Dakota. On April 8, 2013, the Governor
of North Dakota submitted to EPA an alternative monitoring plan for
Milton R. Young Station (MRYS). The plan relates to continuous opacity
monitoring for Unit 1 at MRYS. The intended effect of this action is to
approve a state plan established to address minimum emission monitoring
requirements. The EPA is taking this action under section 110 of the
Clean Air Act (CAA).

DATES: This rule is effective on August 31, 2015 without further
notice, unless EPA receives adverse comment by July 30, 2015. If
adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2015-0026, by one of the following methods:
http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
Email: Fallon.Gail@epa.gov.
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Director, Air Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver,
Colorado 80202-1129.
Hand Delivery: Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. Such deliveries are only accepted Monday
through Friday, 8:00 a.m. to 4:30 p.m., excluding federal holidays.
Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2015-0026. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional instructions on submitting
comments, go to Section I, General Information of the SUPPLEMENTARY
INFORMATION section of this document.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Program, EPA,
Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129. EPA requests that if at all possible, you contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section to view the hard
copy of the docket. You may view the hard copy of the docket Monday
through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Gail Fallon, Air Program, EPA, Region
8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado, 80202-1129,
(303) 312-6218, Fallon.Gail@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Background
III. Revision in the April 8, 2013 Submittal That Is the Subject of
This Document
IV. EPA's Analysis of SIP Revision
V. Consideration of Section 110(l) of the Clean Air Act
VI. Final Action
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews

[[Page 37158]]

I. General Information

A. What should I consider as I prepare my comments for EPA?

1. Submitting CBI. Do not submit this information to EPA through
http://regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
h. Make sure to submit your comments by the comment period deadline
identified.

II. Background

Sections 110(a)(2) and 110(l) of the CAA require that a state
provide reasonable notice and public hearing before adopting a SIP
revision and submitting it to us. To provide for public comment, the
North Dakota Department of Health (NDDH), after providing notice,
offered to hold a public hearing for the alternative monitoring plan
for MRYS Unit 1. No one requested a public hearing so a hearing was not
conducted. No one provided comments on the plan. Following the comment
period and legal review by the North Dakota Attorney General's Office,
NDDH adopted the alternative monitoring plan for MRYS Unit 1 as a SIP
revision on March 1, 2013. The Governor submitted the SIP revision to
EPA on April 8, 2013. EPA acted separately on a portion of the April 8,
2013 submittal that revised Chapter 2, Section 2.15, Respecting Boards.
78 FR 45866, July 30, 2013.

III. Revision in the April 8, 2013 Submittal That Is the Subject of
This Document

Minnkota Power Cooperative, Inc. (Minnkota) currently operates MRYS
Unit 1, a coal-fired electric generating unit located near Center,
North Dakota. Unit 1 was constructed in the late 1960's and began
operating in 1970. Minnkota is required to continuously monitor the
opacity of emissions from Unit 1 according to 40 CFR part 51, appendix
P, and North Dakota SIP Chapter 8, Source Surveillance.
The revision in the April 8, 2013 submittal to be addressed in this
document included a revision to SIP Chapter 8, Source Surveillance, to
provide an alternative monitoring plan for MRYS Unit 1. In May 1977,
NDDH modified the permit to operate for Unit 1 requiring the
installation and operation of continuous opacity monitoring (COM)
equipment for emissions at Unit 1, and the opacity has been
continuously monitored since the compliance date of August 30, 1978.
In 2006, Minnkota entered into a consent decree with NDDH and EPA
to settle allegations of noncompliance under the Prevention of
Significant Deterioration Program. As part of this settlement, Minnkota
was required to control sulfur dioxide emissions from Unit 1. Minnkota
has installed a wet scrubber which treats all of the flue gas from Unit
1 and achieves 95% reduction of the inlet sulfur dioxide. However, the
large amount of moisture from the scrubber has made monitoring of the
opacity in accordance with the requirements of 40 CFR part 51, appendix
P, section 3.1.1 infeasible. Specifically, water droplets contained in
the flue gas could potentially result in the existing continuous
opacity monitor's overstating the true opacity.
Because of this change in circumstances, Minnkota requested
alternative monitoring requirements for MRYS Unit 1 under 40 CFR part
51, appendix P, sections 6.0 and 6.1. NDDH agreed with Minnkota that
such alternative monitoring procedures and requirements were warranted
given that the excess moisture in the stack from the wet scrubber
interferes with the COM and makes the COM data inaccurate. As a result,
NDDH revised SIP Chapter 8, ``Source Surveillance,'' Section 8.3,
``Continuous Emission Monitoring Requirements for Existing Stationary
Sources, including amendments to Permits to Operate and Department
Order.'' The revision provided for a new Section 8.3.2, ``Continuous
Opacity Monitoring for M.R. Young Station Unit 1 Main Boiler.'' This
new section provides alternative monitoring procedures and requirements
for MRYS Unit 1.
Under North Dakota Administrative Code (NDAC) 33-15-03-01.2, MRYS
Unit 1 is subject to a 20% opacity limit, except for one 6-minute
period per hour in which up to 40% opacity is allowed. Without the
scrubber, Minnkota was able to comply with the 20% opacity limit with
limited exceedances. We obtained monthly exceedance report data from
the State which indicate that opacity readings greater than the 20%
standard occurred only 0.30 percent of the time for the 2008 through
2010 three-year average.\1\ The State has indicated that the addition
of the wet scrubber would be expected to reduce visible emissions
further.
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\1\ The State created a spreadsheet entitled, ``Unit 1 Opacity
Exceedances.xlsx,'' with the exceedance report data and this is
included in the docket.
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Under the alternative monitoring plan, Minnkota will ensure
compliance with the opacity limit through the use of a continuous
emissions monitoring system (CEMS) for particulate matter (PM) as well
as periodic visible emissions reading using test method 9 from 40 CFR
part 60, appendix A. Minnkota must comply with specific monitoring,
recordkeeping, and reporting requirements of 40 CFR 60 as listed in the
alternative monitoring plan in Section 8.3.2 for both the PM CEMS and
the visible emissions testing. Among these requirements are:
1. Minnkota must conduct weekly Method 9 tests for six consecutive
weeks during regular source operation. If compliance with opacity is
demonstrated from the weekly tests, Minnkota can begin conducting
monthly tests. If excess emissions are identified, the tests revert to
a weekly frequency.
2. Minnkota must monitor the filterable PM emission rate with PM
CEMS. The PM emission rate may not exceed 0.052 lb/MMBtu (pounds per
one million British Thermal Units) (3-hour average).
3. Minnkota must keep records of all PM and visible emissions
readings and

[[Page 37159]]

must keep these records for at least five years.
4. Minnkota must submit quarterly excess emissions reports for both
the PM CEMS and visible emissions readings. The reports must also list
any time periodic monitoring is not conducted as outlined in Section
8.3.2. Minnkota must also submit annual certifications indicating
compliance with the visible emission limit.
Minnkota has developed a Compliance Assurance Monitoring (CAM) plan
for PM in accordance with 40 CFR 64. The CAM plan indicates that 20%
opacity occurs with a filterable PM emission rate of 0.062 lb/MMBtu.
The alternative monitoring plan sets the filterable PM emission limit
at 0.052 lb/MMBtu (3-hour average) with a 20% visible emission limit
(6-minute average). The PM emission limit thus allows for a modest
safety margin when compared to the 0.062 lb/MMBtu emission rate. For
the purposes of this SIP revision, the PM CEMS is used only for
demonstrating compliance with the visible emissions standard. This SIP
revision does not cover monitoring for demonstrating compliance with
the particulate matter emission limit for this unit.\2\
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\2\ For purposes of demonstrating compliance with PM emissions,
Minnkota is required to demonstrate compliance with an emission
limit of 0.03 lb/MMBtu for MRYS Unit 1 based on annual stack testing
under a consent decree between EPA, the State of North Dakota,
Minnkota, and Square Butte Electric Cooperative (Civil Action No.
1:06-CV-034).
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Once the SIP revision is approved by EPA, NDDH will begin the
procedures required under NDAC 33-15-14-06(6)(e) to modify the source's
Title V permit by incorporating the alternative monitoring requirements
into the permit. NDDH will then have the authority to enforce the SIP
revision like any other permit condition.

IV. EPA's Analysis of SIP Revision

We agree that the addition of the wet scrubber at MRYS Unit 1
necessitates an alternate means of demonstrating opacity compliance,
and that the wet scrubber will further reduce visible emissions from
this unit. We have evaluated the SIP revision that North Dakota
submitted for this purpose and have determined that the State met the
requirements for reasonable notice and public hearing under section
110(a)(2) of the CAA. On October 8, 2013, by operation of law under CAA
section 110(k)(1)(B), the SIP revision was deemed to have met the
minimum ``completeness'' criteria found in 40 CFR part 51, appendix V.
We are also satisfied that this SIP revision will ensure that
Minnkota complies with the requirements of 40 CFR 51.214 and 40 CFR
part 51, appendix P, to continuously monitor opacity emissions, and
that it will be adequate to ensure that Minnkota complies with the SIP
opacity limits for MRYS Unit 1. We reviewed the alternative monitoring
plan--in particular, the PM emission limit of 0.052 lb/MMBtu (3-hour
average)--in conjunction with the CAM plan, and we agree that this
limit will ensure equivalency of monitoring methods and compliance with
the opacity limit as required by our regulations. Furthermore, it is
unlikely that the opacity limits will be exceeded, as the consent
decree PM emission limit of 0.03 lb/MMBtu would be triggered first.\3\
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\3\ Id.
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V. Consideration of Section 110(l) of the Clean Air Act

Section 110(l) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of the National Ambient Air Quality Standards
(NAAQS) or any other applicable requirements of the CAA. There are no
nonattainment areas in North Dakota. The revision to SIP Chapter 8
regarding the alternative monitoring plan for MRYS Unit 1 adequately
details monitoring parameters, frequency of monitoring, the PM emission
limit, recordkeeping, and reporting requirements to ensure that the
source can comply with requirements to continuously monitor opacity
emissions, and the revision will be adequate to ensure that Minnkota
complies with the SIP opacity limits for MRYS Unit 1. Therefore, this
revision does not interfere with attainment or maintenance of the NAAQS
or other applicable requirements of the CAA.

VI. Final Action

EPA is approving a revision to the North Dakota SIP that the
Governor of North Dakota submitted on April 8, 2013. Specifically, EPA
is approving an alternative monitoring plan for MRYS. The plan relates
to continuous opacity monitoring for Unit 1 at MRYS. EPA acted
previously on a portion of the April 8, 2013 submittal that revised
Chapter 2, Section 2.15, Respecting Boards. 78 FR 45866, July 30, 2013.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial revision and anticipates no
adverse comments. However, in the Proposed Rules section of today's
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective August 31, 2015 without
further notice unless the Agency receives adverse comments by July 30,
2015. If the EPA receives adverse comments, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

VII. Incorporation by Reference

In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference the North
Dakota Department of Health rules described in the amendments to 40 CFR
part 52 set forth below. The EPA has made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).

VIII. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under

[[Page 37160]]

Executive Order 12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq, as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 31, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.

Authority: 42 U.S.C. 7401 et seq.

Dated: June 9, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart JJ--North Dakota

0
2. In Sec. 52.1820, the table in paragraph (d) is amended by revising
the second entry under ``Milton R. Young Station Unit 1'' and adding a
new entry for ``Milton R. Young Station Unit 1'' to read as follows:

Sec. 52.1820 Identification of plan.

* * * * *
(d) * * *

----------------------------------------------------------------------------------------------------------------
State
Name of source Nature of requirement effective EPA approval date Explanations
date and citation \3\
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Milton R. Young Station Unit 1.. Air pollution control 2/23/10 4/6/12, 77 FR 20894
permit to construct for
best available retrofit
technology (BART),
PTC10007.
Milton R. Young Station Unit 1.. SIP Chapter 8, Section 3/1/13 6/30/15, [Insert
8.3.2, Continuous Federal Register
Opacity Monitoring for citation..
M.R. Young Station Unit
1 Main Boiler.

* * * * * * *
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.

* * * * *
[FR Doc. 2015-15533 Filed 6-29-15; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations 37157

the Captain of the Port Lake Michigan Implementation Plan (SIP) revision provide it in the body of your comment.
zone. This safety zone will encompass submitted by the State of North Dakota. If you send an email comment directly
all waters of Lake Macatawa in the On April 8, 2013, the Governor of North to EPA without going through http://
vicinity of Kollen Park within the arc of Dakota submitted to EPA an alternative www.regulations.gov, your email
a circle with a 1600-foot radius of a monitoring plan for Milton R. Young address will be automatically captured
center launch position at 42°47.440′ N., Station (MRYS). The plan relates to and included as part of the comment
086°07.621′ W. (NAD 83). This zone continuous opacity monitoring for Unit that is placed in the public docket and
will be enforced from 10 p.m. until 1 at MRYS. The intended effect of this made available on the Internet. If you
11:50 p.m. on July 4, 2015. Should action is to approve a state plan submit an electronic comment, EPA
inclement weather force a cancellation established to address minimum recommends that you include your
of the fireworks on July 4, 2015, this emission monitoring requirements. The name and other contact information in
zone will be enforced from 10 p.m. until EPA is taking this action under section the body of your comment and with any
11:50 p.m. on July 6, 2015. 110 of the Clean Air Act (CAA). disk or CD–ROM you submit. If EPA
All vessels must obtain permission DATES: This rule is effective on August cannot read your comment due to
from the Captain of the Port Lake 31, 2015 without further notice, unless technical difficulties and cannot contact
Michigan, or the on-scene representative EPA receives adverse comment by July you for clarification, EPA may not be
to enter, move within, or exit the safety 30, 2015. If adverse comment is able to consider your comment.
zone. Requests must be made in received, EPA will publish a timely Electronic files should avoid the use of
advance and approved by the Captain of withdrawal of the direct final rule in the special characters, any form of
the Port before transits will be Federal Register informing the public encryption, and be free of any defects or
authorized. Approvals will be granted that the rule will not take effect. viruses. For additional instructions on
on a case by case basis. Vessels and ADDRESSES: Submit your comments, submitting comments, go to Section I,
persons granted permission to enter the identified by Docket ID No. EPA–R08– General Information of the
safety zone must obey all lawful orders OAR–2015–0026, by one of the SUPPLEMENTARY INFORMATION section of
or directions of the Captain of the Port following methods: this document.
Lake Michigan or a designated • http://www.regulations.gov. Follow
representative. Docket: All documents in the docket
the on-line instructions for submitting
This document is issued under are listed in the http://
comments.
authority of 33 CFR 165.929, Safety • Email: Fallon.Gail@epa.gov. www.regulations.gov index. Although
Zones; Annual events requiring safety • Fax: (303) 312–6064 (please alert listed in the index, some information is
zones in the Captain of the Port Lake the individual listed in the FOR FURTHER not publicly available, e.g., CBI or other
Michigan zone, and 5 U.S.C. 552(a). In INFORMATION CONTACT if you are faxing information whose disclosure is
addition to this publication in the comments). restricted by statute. Certain other
Federal Register, the Coast Guard will • Mail: Director, Air Program, material, such as copyrighted material,
provide the maritime community with Environmental Protection Agency will be publicly available only in hard
advance notification for the enforcement (EPA), Region 8, Mailcode 8P–AR, 1595 copy. Publicly available docket
of this zone via Broadcast Notice to Wynkoop Street, Denver, Colorado materials are available either
Mariners or Local Notice to Mariners. 80202–1129. electronically in http://
The Captain of the Port Lake Michigan • Hand Delivery: Director, Air www.regulations.gov or in hard copy at
or an on-scene representative may be Program, Environmental Protection the Air Program, EPA, Region 8,
contacted via Channel 16, VHF–FM. Agency (EPA), Region 8, Mailcode 8P– Mailcode 8P–AR, 1595 Wynkoop Street,
Dated: June 16, 2015. AR, 1595 Wynkoop Street, Denver, Denver, Colorado 80202–1129. EPA
A.B. Cocanour, Colorado 80202–1129. Such deliveries requests that if at all possible, you
Captain, U.S. Coast Guard, Captain of the are only accepted Monday through contact the individual listed in the FOR
Port Lake Michigan. Friday, 8:00 a.m. to 4:30 p.m., excluding FURTHER INFORMATION CONTACT section to
[FR Doc. 2015–16118 Filed 6–29–15; 8:45 am] federal holidays. Special arrangements view the hard copy of the docket. You
BILLING CODE 9110–04–P
should be made for deliveries of boxed may view the hard copy of the docket
information. Monday through Friday, 8:00 a.m. to
Instructions: Direct your comments to 4:00 p.m., excluding federal holidays.
Docket ID No. EPA–R08–OAR–2015–
ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Gail
0026. EPA’s policy is that all comments
AGENCY Fallon, Air Program, EPA, Region 8,
received will be included in the public
docket without change and may be Mailcode 8P–AR, 1595 Wynkoop Street,
40 CFR Part 52 Denver, Colorado, 80202–1129, (303)
made available online at http://
[EPA–R08–OAR–2015–0026; FRL–9928–81– www.regulations.gov, including any 312–6218, Fallon.Gail@epa.gov.
Region 8] personal information provided, unless SUPPLEMENTARY INFORMATION:
the comment includes information
Approval and Promulgation of Air Table of Contents
claimed to be Confidential Business
Quality Implementation Plans; North
Information (CBI) or other information I. General Information
Dakota; Alternative Monitoring Plan for
whose disclosure is restricted by statute. II. Background
Milton R. Young Station
asabaliauskas on DSK5VPTVN1PROD with RULES

Do not submit information that you III. Revision in the April 8, 2013 Submittal
AGENCY: Environmental Protection consider to be CBI or otherwise That Is the Subject of This Document
Agency. protected through http:// IV. EPA’s Analysis of SIP Revision
ACTION: Direct final rule. www.regulations.gov or email. The V. Consideration of Section 110(l) of the
http://www.regulations.gov Web site is Clean Air Act
SUMMARY: The Environmental Protection an ‘‘anonymous access’’ system, which VI. Final Action
Agency (EPA) is taking direct final means EPA will not know your identity VII. Incorporation by Reference
action to approve a State or contact information unless you VIII. Statutory and Executive Order Reviews

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37158 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations

I. General Information provided comments on the plan. the wet scrubber interferes with the
Following the comment period and legal COM and makes the COM data
A. What should I consider as I prepare
review by the North Dakota Attorney inaccurate. As a result, NDDH revised
my comments for EPA?
General’s Office, NDDH adopted the SIP Chapter 8, ‘‘Source Surveillance,’’
1. Submitting CBI. Do not submit this alternative monitoring plan for MRYS Section 8.3, ‘‘Continuous Emission
information to EPA through http:// Unit 1 as a SIP revision on March 1, Monitoring Requirements for Existing
regulations.gov or email. Clearly mark 2013. The Governor submitted the SIP Stationary Sources, including
the part or all of the information that revision to EPA on April 8, 2013. EPA amendments to Permits to Operate and
you claim to be CBI. For CBI acted separately on a portion of the Department Order.’’ The revision
information in a disk or CD ROM that April 8, 2013 submittal that revised provided for a new Section 8.3.2,
you mail to EPA, mark the outside of the Chapter 2, Section 2.15, Respecting ‘‘Continuous Opacity Monitoring for
disk or CD ROM as CBI and then Boards. 78 FR 45866, July 30, 2013. M.R. Young Station Unit 1 Main
identify electronically within the disk or Boiler.’’ This new section provides
III. Revision in the April 8, 2013
CD ROM the specific information that is alternative monitoring procedures and
Submittal That Is the Subject of This
claimed as CBI. In addition to one requirements for MRYS Unit 1.
Document
complete version of the comment that Under North Dakota Administrative
includes information claimed as CBI, a Minnkota Power Cooperative, Inc. Code (NDAC) 33–15–03–01.2, MRYS
copy of the comment that does not (Minnkota) currently operates MRYS Unit 1 is subject to a 20% opacity limit,
contain the information claimed as CBI Unit 1, a coal-fired electric generating except for one 6-minute period per hour
must be submitted for inclusion in the unit located near Center, North Dakota.
in which up to 40% opacity is allowed.
public docket. Information so marked Unit 1 was constructed in the late
Without the scrubber, Minnkota was
will not be disclosed except in 1960’s and began operating in 1970.
able to comply with the 20% opacity
accordance with procedures set forth in Minnkota is required to continuously
limit with limited exceedances. We
40 CFR part 2. monitor the opacity of emissions from
obtained monthly exceedance report
2. Tips for Preparing Your Comments. Unit 1 according to 40 CFR part 51,
data from the State which indicate that
When submitting comments, remember appendix P, and North Dakota SIP
opacity readings greater than the 20%
to: Chapter 8, Source Surveillance.
The revision in the April 8, 2013 standard occurred only 0.30 percent of
a. Identify the rulemaking by docket the time for the 2008 through 2010
number and other identifying submittal to be addressed in this
document included a revision to SIP three-year average.1 The State has
information (subject heading, Federal indicated that the addition of the wet
Register date and page number). Chapter 8, Source Surveillance, to
provide an alternative monitoring plan scrubber would be expected to reduce
b. Follow directions—The agency may visible emissions further.
ask you to respond to specific questions for MRYS Unit 1. In May 1977, NDDH
modified the permit to operate for Unit Under the alternative monitoring
or organize comments by referencing a
1 requiring the installation and plan, Minnkota will ensure compliance
Code of Federal Regulations (CFR) part
operation of continuous opacity with the opacity limit through the use
or section number.
c. Explain why you agree or disagree; monitoring (COM) equipment for of a continuous emissions monitoring
suggest alternatives and substitute emissions at Unit 1, and the opacity has system (CEMS) for particulate matter
language for your requested changes. been continuously monitored since the (PM) as well as periodic visible
d. Describe any assumptions and compliance date of August 30, 1978. emissions reading using test method 9
provide any technical information and/ In 2006, Minnkota entered into a from 40 CFR part 60, appendix A.
or data that you used. consent decree with NDDH and EPA to Minnkota must comply with specific
e. If you estimate potential costs or settle allegations of noncompliance monitoring, recordkeeping, and
burdens, explain how you arrived at under the Prevention of Significant reporting requirements of 40 CFR 60 as
your estimate in sufficient detail to Deterioration Program. As part of this listed in the alternative monitoring plan
allow for it to be reproduced. settlement, Minnkota was required to in Section 8.3.2 for both the PM CEMS
f. Provide specific examples to control sulfur dioxide emissions from and the visible emissions testing.
illustrate your concerns, and suggest Unit 1. Minnkota has installed a wet Among these requirements are:
alternatives. scrubber which treats all of the flue gas 1. Minnkota must conduct weekly
g. Explain your views as clearly as from Unit 1 and achieves 95% reduction Method 9 tests for six consecutive
possible, avoiding the use of profanity of the inlet sulfur dioxide. However, the weeks during regular source operation.
or personal threats. large amount of moisture from the If compliance with opacity is
h. Make sure to submit your scrubber has made monitoring of the demonstrated from the weekly tests,
comments by the comment period opacity in accordance with the Minnkota can begin conducting
deadline identified. requirements of 40 CFR part 51, monthly tests. If excess emissions are
appendix P, section 3.1.1 infeasible. identified, the tests revert to a weekly
II. Background Specifically, water droplets contained in frequency.
Sections 110(a)(2) and 110(l) of the the flue gas could potentially result in 2. Minnkota must monitor the
CAA require that a state provide the existing continuous opacity filterable PM emission rate with PM
reasonable notice and public hearing monitor’s overstating the true opacity. CEMS. The PM emission rate may not
before adopting a SIP revision and Because of this change in exceed 0.052 lb/MMBtu (pounds per
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submitting it to us. To provide for circumstances, Minnkota requested one million British Thermal Units) (3-
public comment, the North Dakota alternative monitoring requirements for hour average).
Department of Health (NDDH), after MRYS Unit 1 under 40 CFR part 51, 3. Minnkota must keep records of all
providing notice, offered to hold a appendix P, sections 6.0 and 6.1. NDDH PM and visible emissions readings and
public hearing for the alternative agreed with Minnkota that such
monitoring plan for MRYS Unit 1. No alternative monitoring procedures and 1 The State created a spreadsheet entitled, ‘‘Unit
one requested a public hearing so a requirements were warranted given that 1 Opacity Exceedances.xlsx,’’ with the exceedance
hearing was not conducted. No one the excess moisture in the stack from report data and this is included in the docket.

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Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations 37159

must keep these records for at least five We are also satisfied that this SIP revision and anticipates no adverse
years. revision will ensure that Minnkota comments. However, in the Proposed
4. Minnkota must submit quarterly complies with the requirements of 40 Rules section of today’s Federal
excess emissions reports for both the CFR 51.214 and 40 CFR part 51, Register publication, EPA is publishing
PM CEMS and visible emissions appendix P, to continuously monitor a separate document that will serve as
readings. The reports must also list any opacity emissions, and that it will be the proposal to approve the SIP revision
time periodic monitoring is not adequate to ensure that Minnkota if adverse comments are filed. This rule
conducted as outlined in Section 8.3.2. complies with the SIP opacity limits for will be effective August 31, 2015
Minnkota must also submit annual MRYS Unit 1. We reviewed the without further notice unless the
certifications indicating compliance alternative monitoring plan—in Agency receives adverse comments by
with the visible emission limit. particular, the PM emission limit of July 30, 2015. If the EPA receives
Minnkota has developed a 0.052 lb/MMBtu (3-hour average)—in adverse comments, EPA will publish a
Compliance Assurance Monitoring conjunction with the CAM plan, and we timely withdrawal in the Federal
(CAM) plan for PM in accordance with agree that this limit will ensure Register informing the public that the
40 CFR 64. The CAM plan indicates that equivalency of monitoring methods and rule will not take effect. EPA will
compliance with the opacity limit as address all public comments in a
20% opacity occurs with a filterable PM
required by our regulations. subsequent final rule based on the
emission rate of 0.062 lb/MMBtu. The
Furthermore, it is unlikely that the proposed rule. The EPA will not
alternative monitoring plan sets the
opacity limits will be exceeded, as the institute a second comment period on
filterable PM emission limit at 0.052 lb/
consent decree PM emission limit of this action. Any parties interested in
MMBtu (3-hour average) with a 20%
0.03 lb/MMBtu would be triggered commenting must do so at this time.
visible emission limit (6-minute
first.3 Please note that if EPA receives adverse
average). The PM emission limit thus
allows for a modest safety margin when V. Consideration of Section 110(l) of the comment on an amendment, paragraph,
compared to the 0.062 lb/MMBtu Clean Air Act or section of this rule and if that
emission rate. For the purposes of this provision may be severed from the
Section 110(l) of the CAA states that remainder of the rule, EPA may adopt
SIP revision, the PM CEMS is used only a SIP revision cannot be approved if the
for demonstrating compliance with the as final those provisions of the rule that
revision would interfere with any are not the subject of an adverse
visible emissions standard. This SIP applicable requirement concerning
revision does not cover monitoring for comment.
attainment and reasonable further
demonstrating compliance with the progress towards attainment of the VII. Incorporation by Reference
particulate matter emission limit for this National Ambient Air Quality Standards
unit.2 In this rule, the EPA is finalizing
(NAAQS) or any other applicable
Once the SIP revision is approved by regulatory text that includes
requirements of the CAA. There are no
EPA, NDDH will begin the procedures incorporation by reference. In
nonattainment areas in North Dakota.
required under NDAC 33–15–14– accordance with requirements of 1 CFR
The revision to SIP Chapter 8 regarding
06(6)(e) to modify the source’s Title V 51.5, the EPA is finalizing the
the alternative monitoring plan for
permit by incorporating the alternative incorporation by reference the North
MRYS Unit 1 adequately details
monitoring requirements into the Dakota Department of Health rules
monitoring parameters, frequency of
permit. NDDH will then have the described in the amendments to 40 CFR
monitoring, the PM emission limit,
authority to enforce the SIP revision like part 52 set forth below. The EPA has
recordkeeping, and reporting
any other permit condition. made, and will continue to make, these
requirements to ensure that the source
documents generally available
IV. EPA’s Analysis of SIP Revision can comply with requirements to
electronically through
continuously monitor opacity
www.regulations.gov and/or in hard
We agree that the addition of the wet emissions, and the revision will be
copy at the appropriate EPA office (see
scrubber at MRYS Unit 1 necessitates an adequate to ensure that Minnkota
the ADDRESSES section of this preamble
alternate means of demonstrating complies with the SIP opacity limits for
for more information).
opacity compliance, and that the wet MRYS Unit 1. Therefore, this revision
scrubber will further reduce visible does not interfere with attainment or VIII. Statutory and Executive Order
emissions from this unit. We have maintenance of the NAAQS or other Reviews
evaluated the SIP revision that North applicable requirements of the CAA.
Dakota submitted for this purpose and Under the Clean Air Act, the
VI. Final Action Administrator is required to approve a
have determined that the State met the
requirements for reasonable notice and EPA is approving a revision to the SIP submission that complies with the
public hearing under section 110(a)(2) North Dakota SIP that the Governor of provisions of the Act and applicable
of the CAA. On October 8, 2013, by North Dakota submitted on April 8, federal regulations. 42 U.S.C. 7410(k);
operation of law under CAA section 2013. Specifically, EPA is approving an 40 CFR 52.02(a). Thus, in reviewing SIP
110(k)(1)(B), the SIP revision was alternative monitoring plan for MRYS. submissions, EPA’s role is to approve
deemed to have met the minimum The plan relates to continuous opacity state choices, provided that they meet
‘‘completeness’’ criteria found in 40 monitoring for Unit 1 at MRYS. EPA the criteria of the Clean Air Act.
CFR part 51, appendix V. acted previously on a portion of the Accordingly, this action merely
asabaliauskas on DSK5VPTVN1PROD with RULES

April 8, 2013 submittal that revised approves state law as meeting federal
2 For purposes of demonstrating compliance with Chapter 2, Section 2.15, Respecting requirements and does not impose
PM emissions, Minnkota is required to demonstrate Boards. 78 FR 45866, July 30, 2013. additional requirements beyond those
compliance with an emission limit of 0.03 lb/ EPA is publishing this rule without imposed by state law. For that reason,
MMBtu for MRYS Unit 1 based on annual stack prior proposal because the Agency this action:
testing under a consent decree between EPA, the
State of North Dakota, Minnkota, and Square Butte views this as a noncontroversial • Is not a ‘‘significant regulatory
Electric Cooperative (Civil Action No. 1:06–CV– action’’ subject to review by the Office
034). 3 Id. of Management and Budget under

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37160 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations

Executive Order 12866 (58 FR 51735, jurisdiction. In those areas of Indian of today’s Federal Register, rather than
October 4, 1993); country, the rule does not have tribal file an immediate petition for judicial
• Does not impose an information implications and will not impose review of this direct final rule, so that
collection burden under the provisions substantial direct costs on tribal EPA can withdraw this direct final rule
of the Paperwork Reduction Act (44 governments or preempt tribal law as and address the comment in the
U.S.C. 3501 et seq.); specified by Executive Order 13175 (65 proposed rulemaking. This action may
• Is certified as not having a FR 67249, November 9, 2000). not be challenged later in proceedings to
significant economic impact on a The Congressional Review Act, 5 enforce its requirements. (See section
substantial number of small entities U.S.C. 801 et seq, as added by the Small 307(b)(2).)
under the Regulatory Flexibility Act (5 Business Regulatory Enforcement
U.S.C. 601 et seq.); Fairness Act of 1996, generally provides List of Subjects in 40 CFR Part 52
• Does not contain any unfunded that before a rule may take effect, the Environmental protection, Air
mandate or significantly or uniquely agency promulgating the rule must pollution control, Carbon monoxide,
affect small governments, as described submit a rule report, which includes a Incorporation by reference,
in the Unfunded Mandates Reform Act copy of the rule, to each House of the Intergovernmental relations, Particulate
of 1995 (Pub. L. 104–4); Congress and to the Comptroller General matter, Reporting and recordkeeping
• Does not have federalism of the United States. EPA will submit a requirements, Sulfur oxides.
implications as specified in Executive report containing this rule and other
required information to the U.S. Senate, Authority: 42 U.S.C. 7401 et seq.
Order 13132 (64 FR 43255, August 10,
1999); the U.S. House of Representatives, and Dated: June 9, 2015.
• Is not an economically significant the Comptroller General of the United Shaun L. McGrath,
regulatory action based on health or States prior to publication of the rule in Regional Administrator, Region 8.
safety risks subject to Executive Order the Federal Register. A major rule 40 CFR part 52 is amended to read as
13045 (62 FR 19885, April 23, 1997); cannot take effect until 60 days after it follows:
• Is not a significant regulatory action is published in the Federal Register.
subject to Executive Order 13211 (66 FR This action is not a ‘‘major rule’’ as PART 52—APPROVAL AND
28355, May 22, 2001); defined by 5 U.S.C. 804(2). PROMULGATION OF
• Is not subject to requirements of Under section 307(b)(1) of the Clean IMPLEMENTATION PLANS
Section 12(d) of the National Air Act, petitions for judicial review of
Technology Transfer and Advancement this action must be filed in the United ■ 1. The authority citation for Part 52
Act of 1995 (15 U.S.C. 272 note) because States Court of Appeals for the continues to read as follows:
application of those requirements would appropriate circuit by August 31, 2015.
Authority: 42 U.S.C. 7401 et seq.
be inconsistent with the Clean Air Act; Filing a petition for reconsideration by
and the Administrator of this final rule does Subpart JJ—North Dakota
• Does not provide EPA with the not affect the finality of this action for
discretionary authority to address, as the purposes of judicial review nor does ■ 2. In § 52.1820, the table in paragraph
appropriate, disproportionate human it extend the time within which a (d) is amended by revising the second
health or environmental effects, using petition for judicial review may be filed, entry under ‘‘Milton R. Young Station
practicable and legally permissible and shall not postpone the effectiveness Unit 1’’ and adding a new entry for
methods, under Executive Order 12898 of such rule or action. Parties with ‘‘Milton R. Young Station Unit 1’’ to
(59 FR 7629, February 16, 1994). objections to this direct final rule are read as follows:
The SIP is not approved to apply on encouraged to file a comment in
any Indian reservation land or in any response to the parallel notice of § 52.1820 Identification of plan.
other area where EPA or an Indian tribe proposed rulemaking for this action * * * * *
has demonstrated that a tribe has published in the proposed rules section (d) * * *

State EPA approval date and
Name of source Nature of requirement effective Explanations
citation 3
date

* * * * * * *
Milton R. Young Station Air pollution control permit to construct for best 2/23/10 4/6/12, 77 FR 20894.
Unit 1. available retrofit technology (BART),
PTC10007.
Milton R. Young Station SIP Chapter 8, Section 8.3.2, Continuous Opac- 3/1/13 6/30/15, [Insert Federal
Unit 1. ity Monitoring for M.R. Young Station Unit 1 Register citation..
Main Boiler.

* * * * * * *
3 In
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
umn for the particular provision.
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* * * * *
[FR Doc. 2015–15533 Filed 6–29–15; 8:45 am]
BILLING CODE 6560–50–P

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Document Created: 2018-02-22 11:16:42
Document Modified: 2018-02-22 11:16:42

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule.
Dates		This rule is effective on August 31, 2015 without further notice, unless EPA receives adverse comment by July 30, 2015. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
Contact		Gail Fallon, Air Program, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado, 80202-1129, (303) 312-6218, [email protected]
FR Citation		80 FR 37157
CFR Associated		Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides